Gauri Shankar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37714 of 2022 In CRIMINAL MISCELLANEOUS No.5465 of 2022 Arising Out of PS. Case No.-199 Year-2021 Thana- RAJIVNAGAR District- Patna ====================================================== Gauri Shankar S/O Prashant Kumar Resident of Mohalla - Rajeev Nagar, Road No.- 8, P.S.- Rajeev Nagar, District- Patna, permanent resident of Ladma, P.S.- Barh, District- Patna.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Binit Kumar, Advocate For the Opposite Party :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-08-2022 Heard learned counsel for the parties.

This application has been filed for modification of the order dated 24.05.2022 passed in Cr. Misc. No. 5465 of 2022, whereby the petitioner was directed to be released on bail after framing of charge.

Learned counsel for the petitioner submits that other accused persons of this case are not appearing in the trial as they are on bail and therefore, charge is not being framed by the Court below.

Considering the aforesaid submission of learned counsel for the petitioner, the Court below is directed to split up the case of the present petitioner and frame the charge within one month from today because the petitioner cannot remain in

Patna High Court CR. MISC. No.37714 of 2022(2) dt.03-08-2022 2/2 custody on account of non-cooperation of other accused persons in the trial.

This application stands disposed of.

(Sandeep Kumar, J) pawan/- U T